Ed Jew who claimed he lived in the Sunset district returned to the City Hall was escorted by a sheriff to a meeting in the supervisors chambers.
THURSDAY, JUNE 14, 2007 KURT ROGERS SAN FRANCISCO SFC
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Supervisor Ed Jew puts up his Sutter Street property for bail

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Suspended San Francisco Supervisor Ed Jew appeared in federal court Tuesday to post property he owns on Sutter Street as security so he can remain free on bail pending a trial on allegations he attempted to extort up to $80,000 from businessmen facing city permit problems.

Also, an attorney for Jew backed off from previous statements that the supervisor would seek a court order reversing last week's move by the mayor to charge Jew with official misconduct, an allegation that led to Jew's suspension and the appointment of a temporary replacement.

"He doesn't have coffers the size of the war chest of city government, so he has to pick his battles," defense lawyer Stephen Gruel said after the bail hearing.

Mayor Gavin Newsom invoked his power under the City Charter on Sept. 25 to file the misconduct charge against Jew with the city's Ethics Commission, suspend him from office and replace him with Carmen Chu, who was a deputy budget director in the mayor's office.

The move followed Jew's being charged by federal prosecutors on Sept. 20 with mail fraud in connection with an alleged scheme to extort bribes from operators of Quickly tapioca drink shops on the city's west side.

It also came 15 weeks after Jew was charged by District Attorney Kamala Harris with state felony perjury and fraud charges for allegedly lying about where he lived to run for office and vote in local elections.

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A conviction on any felony charge, provided it is upheld on appeal, would cost Jew his Board of Supervisors post.

City Attorney Dennis Herrera is seeking approval from state Attorney General Jerry Brown to file a civil lawsuit to have Jew removed from office on the grounds he failed to meet residency requirements under the City Charter to represent District Four on the board.

Although it noted the new federal mail fraud charge against Jew, Newsom's misconduct case against Jew seeks his permanent ouster over the findings of investigators for District Attorney Harris and Herrera, who contend Jew used a home on 28th Avenue in the Sunset District as an address of convenience to run for office but actually lived in Burlingame with his wife and daughter.

Under the charter, the Ethics Commission is supposed to hold a hearing on the misconduct charge. If the panel approves the charge, the case moves to the Board of Supervisors for a vote on whether Jew should permanently lose his seat. A vote of nine supervisors is needed from the 11-member board, though Jew's replacement, Chu, would not be allowed to vote.

On Tuesday, there were signs of tension among members of the board over the process that lies ahead.

During the weekly meeting, Supervisor Gerardo Sandoval, who was a criminal defense lawyer in the public defender's office before being elected supervisor in 2000, asked Herrera to outline how the proceedings would run, to explain the degree of proof needed to support a vote to remove Jew and to define what role Herrera would play.

Sandoval's request highlighted the procedural and legal complexities of the Jew case - particularly as it relates to Herrera, whose office is charged with advising the mayor and Board of Supervisors as well as enforcing the city's laws, foremost among them the City Charter.

Sandoval asked whether Herrera would serve as the prosecutor for Newsom before the Ethics Commission and, possibly, the Board of Supervisors, and whether the board should therefore seek outside legal counsel to advise on its actions.

Board of Supervisors President Aaron Peskin cut in to say he and Supervisor Sean Elsbernd had drafted a resolution to hire an outside lawyer because Herrera already had notified the board that legal conflicts precluded his office from further representing the supervisors in the matter.

Sandoval then warned Peskin about making decisions on the Jew case without consulting all members of the board.

"I want to say very clearly that I take this responsibility very seriously and I'm not going to participate in any way in a proceeding where I do not feel comfortable that I am fully informed of exactly what my rights are," Sandoval said, adding that he would not participate anyway if decisions are made "behind closed doors."

Peskin responded by telling Sandoval that hiring an attorney is necessary to alleviate his concerns, suggesting that once a lawyer is on board the supervisors would be free to meet with him or her collectively and behind closed doors when appropriate. "I think this is the first appropriate step in order to chart those waters," he said.

Jew, 47, has pleaded not guilty to the federal and state criminal charges. A trial on the state felony perjury and fraud charges is scheduled to begin Oct. 26. No trial date has been set for the federal criminal case.

On Tuesday, U.S. District Judge Elizabeth Laporte accepted property Jew owns at 2626 Sutter St. as collateral for his $1 million bail.

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